Public Act 099-0011
 
HB0437 EnrolledLRB099 06387 MGM 26457 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 22.55 as follows:
 
    (415 ILCS 5/22.55)
    Sec. 22.55. Household Waste Drop-off Points. 
    (a) Findings; Purpose and Intent.
        (1) The General Assembly finds that protection of human 
    health and the environment can be enhanced if certain 
    commonly generated household wastes are managed separately 
    from the general household waste stream.
        (2) The purpose of this Section is to provide, to the 
    extent allowed under federal law, a method for managing 
    certain types of household waste separately from the 
    general household waste stream.
    (b) Definitions.  For the purposes of this Section:
        "Compostable waste" means household waste that is
    
    source-separated food scrap, household waste that is
    
    source-separated landscape waste, or a mixture of both. 
        "Controlled substance" means a controlled substance as 
    defined in the Illinois Controlled Substances Act. 
        "Household waste" means waste generated from a single 
    residence or multiple residences.
        "Household waste drop-off point" means the portion of a 
    site or facility used solely for the receipt and temporary 
    storage of household waste.
        "One-day compostable waste collection event" means a

    household waste drop-off point approved by a county or

    municipality under subsection (d-5) of this Section. 
        "One-day household waste collection event" means a 
    household waste drop-off point approved by the Agency under 
    subsection (d) of this Section.
        "Permanent compostable waste collection point" means a 
    household waste drop-off point approved by a county or 
    municipality under subsection (d-6) of this Section. 
        "Personal care product" means an item other than a 
    pharmaceutical product that is consumed or applied by an 
    individual for personal health, hygiene, or cosmetic 
    reasons.  Personal care products include, but are not 
    limited to, items used in bathing, dressing, or grooming.
        "Pharmaceutical product" means medicine or a product 
    containing medicine.  A pharmaceutical product may be sold 
    by prescription or over the counter. "Pharmaceutical 
    product" does not include (i) medicine that contains a 
    radioactive component or a product that contains a 
    radioactive component or (ii) a controlled substance.
        "Recycling coordinator" means the person designated by 
    each county waste management plan to administer the county 
    recycling program, as set forth in the Solid Waste 
    Management Act. 
    (c) Except as otherwise provided in Agency rules, the 
following requirements apply to each household waste drop-off 
point, other than a one-day household waste collection event, 
one-day compostable waste collection event, or permanent 
compostable waste collection point:
        (1) A household waste drop-off point must not accept 
    waste other than the following types of household waste:  
    pharmaceutical products, personal care products, batteries 
    other than lead-acid batteries, paints, automotive fluids, 
    compact fluorescent lightbulbs, mercury thermometers, and 
    mercury thermostats.
        (2) Except as provided in subdivision (c)(2) of this 
    Section, household waste drop-off points must be located at 
    a site or facility where the types of products accepted at 
    the household waste drop-off point are lawfully sold, 
    distributed, or dispensed.  For example, household waste 
    drop-off points that accept prescription pharmaceutical 
    products must be located at a site or facility where 
    prescription pharmaceutical products are sold, 
    distributed, or dispensed.
            (A) Subdivision (c)(2) of this Section does not 
        apply to household waste drop-off points operated by a 
        government or school entity, or by an association or 
        other organization of government or school entities.
            (B) Household waste drop-off points that accept 
        mercury thermometers can be located at any site or 
        facility where non-mercury thermometers are sold, 
        distributed, or dispensed.
            (C) Household waste drop-off points that accept 
        mercury thermostats can be located at any site or 
        facility where non-mercury thermostats are sold, 
        distributed, or dispensed.
        (3) The location of acceptance for each type of waste 
    accepted at the household waste drop-off point must be 
    clearly identified.  Locations where pharmaceutical 
    products are accepted must also include a copy of the sign 
    required under subsection (j) of this Section.
        (4) Household waste must be accepted only from private 
    individuals.  Waste must not be accepted from other persons, 
    including, but not limited to, owners and operators of 
    rented or leased residences where the household waste was 
    generated, commercial haulers, and other commercial, 
    industrial, agricultural, and government operations or 
    entities.
        (5) If more than one type of household waste is 
    accepted, each type of household waste must be managed 
    separately prior to its packaging for off-site transfer.
        (6) Household waste must not be stored for longer than 
    90 days after its receipt, except as otherwise approved by 
    the Agency in writing.
        (7) Household waste must be managed in a manner that 
    protects against releases of the waste, prevents 
    nuisances, and otherwise protects human health and the 
    environment.  Household waste must also be properly secured 
    to prevent unauthorized public access to the waste, 
    including, but not limited to, preventing access to the 
    waste during the non-business hours of the site or facility 
    on which the household waste drop-off point is located. 
    Containers in which pharmaceutical products are collected 
    must be clearly marked "No Controlled Substances".
        (8) Management of the household waste must be limited 
    to the following:  (i) acceptance of the waste, (ii) 
    temporary storage of the waste prior to transfer, and (iii) 
    off-site transfer of the waste and packaging for off-site 
    transfer.
        (9) Off-site transfer of the household waste must 
    comply with federal and State laws and regulations.
    (d) One-day household waste collection events.  To further 
aid in the collection of certain household wastes, the Agency 
may approve the operation of one-day household waste collection 
events.  The Agency shall not approve a one-day household waste 
collection event at the same site or facility for more than one 
day each calendar quarter.  Requests for approval must be 
submitted on forms prescribed by the Agency.  The Agency must 
issue its approval in writing, and it may impose conditions as 
necessary to protect human health and the environment and to 
otherwise accomplish the purposes of this Act.  One-day 
household waste collection events must be operated in 
accordance with the Agency's approval, including all 
conditions contained in the approval.  The following 
requirements apply to all one-day household waste collection 
events, in addition to the conditions contained in the Agency's 
approval:
        (1) Waste accepted at the event must be limited to 
    household waste and must not include garbage, landscape 
    waste, controlled substances, or other waste excluded by 
    the Agency in the Agency's approval or any conditions 
    contained in the approval.
        (2) Household waste must be accepted only from private 
    individuals.  Waste must not be accepted from other persons, 
    including, but not limited to, owners and operators of 
    rented or leased residences where the household waste was 
    generated, commercial haulers, and other commercial, 
    industrial, agricultural, and government operations or 
    entities.
        (3) Household waste must be managed in a manner that 
    protects against releases of the waste, prevents 
    nuisances, and otherwise protects human health and the 
    environment.  Household waste must also be properly secured 
    to prevent public access to the waste, including, but not 
    limited to, preventing access to the waste during the 
    event's non-business hours.
        (4) Management of the household waste must be limited 
    to the following:  (i) acceptance of the waste, (ii) 
    temporary storage of the waste before transfer, and (iii) 
    off-site transfer of the waste or packaging for off-site 
    transfer.
        (5) Except as otherwise approved by the Agency, all 
    household waste received at the collection event must be 
    transferred off-site by the end of the day following the 
    collection event.
        (6) The transfer and ultimate disposition of household 
    waste received at the collection event must comply with the 
    Agency's approval, including all conditions contained in 
    the approval.
    (d-5)    One-day compostable waste collection event. To 
further aid in the collection and composting of compostable 
waste, as defined in subsection (b), a municipality may approve 
the operation of one-day compostable waste collection events at 
any site or facility within its territorial jurisdiction, and a 
county may approve the operation of one-day compostable waste 
collection events at any site or facility in any unincorporated 
area within its territorial jurisdiction. The approval granted 
under this subsection (d-5) must be in writing; must specify 
the date, location, and time of the event; and must list the 
types of compostable waste that will be collected at the event. 
If the one-day compostable waste collection event is to be 
operated at a location within a county with a population of 
more than 400,000 but less than 2,000,000 inhabitants, 
according to the 2010 decennial census, then the operator of 
the event shall, at least 30 days before the event, provide a 
copy of the approval to the recycling coordinator designated by 
that county. The approval granted under this subsection (d-5) 
may include conditions imposed by the county or municipality as 
necessary to protect public health and prevent odors, vectors, 
and other nuisances. A one-day compostable waste collection 
event approved under this subsection (d-5) must be operated in 
accordance with the approval, including all conditions 
contained in the approval. The following requirements shall 
apply to the one-day compostable waste collection event, in 
addition to the conditions contained in the approval: 
        (1)   Waste accepted at the event must be limited to the 
    types of compostable waste authorized to be accepted under 
    the approval.
        (2)   Information promoting the event and signs at the 
    event must clearly indicate the types of compostable waste 
    approved for collection. To discourage the receipt of other 
    waste, information promoting the event and signs at the 
    event must also include:
            (A) examples of compostable waste being collected; 
        and
            (B) examples of waste that is not being collected.
        (3)   Compostable waste must be accepted only from 
    private individuals. It may not be accepted from other 
    persons, including, but not limited to, owners and 
    operators of rented or leased residences where it was 
    generated, commercial haulers, and other commercial, 
    industrial, agricultural, and government operations or 
    entities.
        (4)   Compostable waste must be managed in a manner that 
    protects against releases of the waste, prevents 
    nuisances, and otherwise protects human health and the 
    environment. Compostable waste must be properly secured to 
    prevent it from being accessed by the public at any time, 
    including, but not limited to, during the collection 
    event's non-operating hours. One-day compostable waste 
    collection events must be adequately supervised during 
    their operating hours.
        (5)   Compostable waste must be secured in non-porous, 
    rigid, leak-proof containers that:
            (A) are covered, except when the compostable waste 
        is being added to or removed from the containers or it 
        is otherwise necessary to access the compostable 
        waste;
            (B) prevent precipitation from draining through 
        the compostable waste;
            (C) prevent dispersion of the compostable waste by 
        wind;
            (D) contain spills or releases that could create 
        nuisances or otherwise harm human health or the 
        environment;
            (E) limit access to the compostable waste by 
        vectors;
            (F) control odors and other nuisances; and
            (G) provide for storage, removal, and off-site 
        transfer of the compostable waste in a manner that 
        protects its ability to be composted.
        (6)   No more than a total of 40 cubic yards of 
    compostable waste shall be located at the collection site 
    at any one time.
        (7)   Management of the compostable waste must be limited 
    to the following: (A) acceptance, (B) temporary storage 
    before transfer, and (C) off-site transfer.
        (8)   All compostable waste received at the event must be 
    transferred off-site to a permitted compost facility by no 
    later than 48 hours after the event ends or by the end of 
    the first business day after the event ends, whichever is 
    sooner.
        (9)   If waste other than compostable waste is received 
    at the event, then that waste must be disposed of within 48 
    hours after the event ends or by the end of the first 
    business day after the event ends, whichever is sooner. 
    (d-6)   Permanent compostable waste collection points. To 
further aid in the collection and composting of compostable 
waste, as defined in subsection (b), a municipality may approve 
the operation of permanent compostable waste collection points 
at any site or facility within its territorial jurisdiction, 
and a county may approve the operation of permanent compostable 
waste collection points at any site or facility in any 
unincorporated area within its territorial jurisdiction. The 
approval granted pursuant to this subsection (d-6) must be in 
writing; must specify the location, operating days, and 
operating hours of the collection point; must list the types of 
compostable waste that will be collected at the collection 
point; and must specify a term of not more than 365 calendar 
days during which the approval will be effective. In addition, 
if the permanent compostable waste collection point is to be 
operated at a location within a county with a population of 
more than 400,000 but less than 2,000,000 inhabitants, 
according to the 2010 federal decennial census, then the 
operator of the collection point shall, at least 30 days before 
the collection point begins operation, provide a copy of the 
approval to the recycling coordinator designated by that 
county. The approval may include conditions imposed by the 
county or municipality as necessary to protect public health 
and prevent odors, vectors, and other nuisances. A permanent 
compostable waste collection point approved pursuant to this 
subsection (d-6) must be operated in accordance with the 
approval, including all conditions contained in the approval. 
The following requirements apply to the permanent compostable 
waste collection point, in addition to the conditions contained 
in the approval: 
        (1)   Waste accepted at the collection point must be 
    limited to the types of compostable waste authorized to be 
    accepted under the approval.
        (2)   Information promoting the collection point and 
    signs at the collection point must clearly indicate the 
    types of compostable waste approved for collection. To 
    discourage the receipt of other waste, information 
    promoting the collection point and signs at the collection 
    point must also include (A) examples of compostable waste 
    being collected and (B) examples of waste that is not being 
    collected.
        (3)   Compostable waste must be accepted only from 
    private individuals. It may not be accepted from other 
    persons, including, but not limited to, owners and 
    operators of rented or leased residences where it was 
    generated, commercial haulers, and other commercial, 
    industrial, agricultural, and government operations or 
    entities.
        (4)   Compostable waste must be managed in a manner that 
    protects against releases of the waste, prevents 
    nuisances, and otherwise protects human health and the 
    environment. Compostable waste must be properly secured to 
    prevent it from being accessed by the public at any time, 
    including, but not limited to, during the collection 
    point's non-operating hours. Permanent compostable waste 
    collection points must be adequately supervised during 
    their operating hours.
        (5)   Compostable waste must be secured in non-porous, 
    rigid, leak-proof containers that:
            (A)   are no larger than 10 cubic yards in size;
            (B)   are covered, except when the compostable waste 
        is being added to or removed from the container or it 
        is otherwise necessary to access the compostable 
        waste;
            (C)   prevent precipitation from draining through 
        the compostable waste;
            (D)   prevent dispersion of the compostable waste by 
        wind;
            (E)   contain spills or releases that could create 
        nuisances or otherwise harm human health or the 
        environment;
            (F)   limit access to the compostable waste by 
        vectors;
            (G)   control odors and other nuisances; and
            (H)   provide for storage, removal, and off-site 
        transfer of the compostable waste in a manner that 
        protects its ability to be composted.
        (6)   No more than a total of 10 cubic yards of 
    compostable waste shall be located at the permanent 
    compostable waste collection site at any one time.
        (7)   Management of the compostable waste must be limited 
    to the following: (A) acceptance, (B) temporary storage 
    before transfer, and (C) off-site transfer.
        (8)   All compostable waste received at the permanent 
    compostable waste collection point must be transferred 
    off-site to a permitted compost facility not less 
    frequently than once every 7 days.
        (9)   If a permanent compostable waste collection point 
    receives waste other than compostable waste, then that 
    waste must be disposed of not less frequently than once 
    every 7 days. 
    (e) The Agency may adopt rules governing the operation of 
household waste drop-off points, other than one-day household 
waste collection events, one-day compostable waste collection 
events, and permanent compostable waste collection points.  
Those rules must be designed to protect against releases of 
waste to the environment, prevent nuisances, and otherwise 
protect human health and the environment.  As necessary to 
address different circumstances, the regulations may contain 
different requirements for different types of household waste 
and different types of household waste drop-off points, and the 
regulations may modify the requirements set forth in subsection 
(c) of this Section.  The regulations may include, but are not 
limited to, the following:  (i) identification of additional 
types of household waste that can be collected at household 
waste drop-off points, (ii) identification of the different 
types of household wastes that can be received at different 
household waste drop-off points, (iii) the maximum amounts of 
each type of household waste that can be stored at household 
waste drop-off points at any one time, and (iv) the maximum 
time periods each type of household waste can be stored at 
household waste drop-off points.
    (f) Prohibitions.
        (1) Except as authorized in a permit issued by the 
    Agency, no person shall cause or allow the operation of a 
    household waste drop-off point, other than a one-day 
    household waste collection event, one-day compostable 
    waste collection event, or permanent compostable waste 
    collection point, in violation of this Section or any 
    regulations adopted under this Section.
        (2) No person shall cause or allow the operation of a 
    one-day household waste collection event in violation of 
    this Section or the Agency's approval issued under 
    subsection (d) of this Section, including all conditions 
    contained in the approval.
        (3)   No person shall cause or allow the operation of a 
    one-day compostable waste collection event in violation of 
    this Section or the approval issued for the one-day 
    compostable waste collection event under subsection (d-5) 
    of this Section, including all conditions contained in the 
    approval.
        (4)   No person shall cause or allow the operation of a 
    permanent compostable waste collection event in violation 
    of this Section or the approval issued for the permanent 
    compostable waste collection point under subsection (d-6) 
    of this Section, including all conditions contained in the 
    approval. 
    (g) Permit exemptions.
        (1) No permit is required under subdivision (d)(1) of 
    Section 21 of this Act for the operation of a household 
    waste drop-off point, other than a one-day household waste 
    collection event, one-day compostable waste collection 
    event, or permanent compostable waste collection point, if 
    the household waste drop-off point is operated in 
    accordance with this Section and all regulations adopted 
    under this Section.
        (2) No permit is required under subdivision (d)(1) of 
    Section 21 of this Act for the operation of a one-day 
    household waste collection event if the event is operated 
    in accordance with this Section and the Agency's approval 
    issued under subsection (d) of this Section, including all 
    conditions contained in the approval, or for the operation 
    of a household waste collection event by the Agency.
        (3)   No permit is required under paragraph (1) of 
    subsection (d) of
    Section 21 of this Act for the operation 
    of a one-day compostable waste collection event if the 
    compostable waste collection event is operated in 
    accordance with this Section and the approval issued for 
    the compostable waste collection point under subsection 
    (d-5) of this Section, including all conditions contained 
    in the approval.
        (4)   No permit is required under paragraph (1) of 
    subsection (d) of Section 21 of this Act for the operation 
    of a permanent compostable waste collection point if the 
    collection point is operated in accordance with this 
    Section and the approval issued for the compostable waste 
    collection event under subsection (d-6) of this Section, 
    including all conditions contained in the approval. 
    (h) This Section does not apply to the following:
        (1) Persons accepting household waste that they are 
    authorized to accept under a permit issued by the Agency.
        (2) Sites or facilities operated pursuant to an 
    intergovernmental agreement entered into with the Agency 
    under Section 22.16b(d) of this Act.
    (i) The Agency, in consultation with the Department of 
Public Health, must develop and implement a public information 
program regarding household waste drop-off points that accept 
pharmaceutical products.
    (j) The Agency must develop a sign that provides 
information on the proper disposal of unused pharmaceutical 
products.  The Agency shall make a copy of the sign available 
for downloading from its website. 
    (k) If an entity chooses to participate as a household 
waste drop-off point, then it must follow the provisions of 
this Section and any rules the Agency may adopt governing 
household waste drop-off points. 

(Source: P.A. 96-121, eff. 8-4-09.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.